Who decides how the proceeds from the house are split?

Not the agent

I'll say this plainly. I don't decide who gets what, and I won't suggest a split to either of you. My job is to get the best sale I can and to make sure you both see the same numbers on the way. The division of the money belongs to the two of you, your attorneys and, if it comes to that, the judge. If either of you asks me what's fair, I'll point you to your attorneys, and I'll give the other spouse the same answer, because a broker who offers opinions on the split has stopped working for the sale and started working for a side.

What the court weighs

When spouses can't agree, ORS 107.105 has the court divide property as may be just and proper in all the circumstances. It starts from a rebuttable presumption that both of you contributed equally to property acquired during the marriage. Rebuttable means one of you can try to show otherwise. Ask before you assume. Whether that's worth trying in your case is a question for your attorney, not for me.

The statute also has the court consider reasonable costs of sale, taxes and other reasonably expected costs. Commission, closing costs and repairs are real money, and a careful estimate before listing lets both attorneys start from the same figure when they weigh those costs in the division. The page on who pays the commission and closing costs explains where those show up.

Seeing the numbers

Long before closing, I give both of you the same written estimate of what the sale should net: price, payoff, commission and closing costs. If you want to test splits on your own, the equity split calculator lets you type in your payoff and a sale price and see what's left. It's a planning tool. It doesn't replace your attorneys' math. Run a few prices, not just the one you hope for, so neither of you is surprised by what a lower offer would mean.

At closing, the money is paid out according to the written instructions you and your attorneys provide, and each of you gets the same settlement statement from me. The page on what happens to the money at closing covers what to set up before that day.